Central Vermont Public Service Corporation v. Harold Herbert and Edith Herbert
Court of Appeals for the Second Circuit
1Opinion of the Court
JOHN M. WALKER, JR., Chief Judge.
Defendant-appellant Central Vermont Public Service Corp. (“CVPS”) appeals from the district court’s order denying its Fed.R.Civ.P. 60(b)(4) motion. In that motion, CVPS sought relief from a bankruptcy court order permanently enjoining it from pursuing civil claims against the ap-pellees Harold and Edith Herbert (“the Herberts”). After waiting more than four years to challenge the bankruptcy court injunction, CVPS contended that the bankruptcy court order was void for lack of jurisdiction. The district court ruled that the Rule 60(b)(4) motion was untimely and…
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